CORPUS CHRISTI - A Nueces County judge on Wednesday dismissed a lawsuit against Del Mar College involving nine nursing students' claims that the school unfairly blocked them from graduating.

The students had asked 94th District Judge Bobby Galvan to grant them a temporary restraining order against the college, forcing Del Mar College to immediately certify them as completing their degree requirements and allowing them to take their licensing exams.

Galvan dismissed the suit Wednesday after an afternoon hearing, but urged the students' attorney Robert Heil to appeal his decision.

"I think you have an argument, but I just don't think you won this one," Galvan told Heil.

College attorney Augustin Rivera Jr. argued that Texas law does not allow a breach of contract lawsuit against the state, the college, unless the Legislature permits it. He said typically a governmental entity is immune from being sued.

"The plaintiffs failed to show the court today that they had a legal right to pursue a lawsuit against the college," he said.

The students claimed they passed their required coursework and all requirements necessary to graduate and get certified to take the national licensing exams, but Del Mar College told them one day before Fall 2011 graduation that they would not be allowed to graduate.

"Basically this allows the college to do anything it wants without recourse," Heil mentioned after Galvan dismissed the case.

Heil argued that the suit's intention was to protect the rights of the students.

"We're just trying to undo the wrong that was done to these students and to protect and restore their rights," he said.

Brooke Stewart-Bivens, one of the nine students involved in the lawsuit, said the court dismissing the case adds to a string of officials who will not listen to their side of what happened.

"I wouldn't be fighting this hard if I haven't earned it," she said. "We're going to continue until a change is made. Even if it takes us years."

Stewart-Bivens added that the college should be held accountable for what she said they have done and she plans to continue to manage her website that includes a petition against the college.

In a released statement, Del Mar College President Mark Escamilla said he was disappointed the issue ended up in court but agrees with Galvan's decision.